What kind of trust is specifically designed for individuals with disabilities?

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A Henson Trust is specifically designed to benefit individuals with disabilities while also protecting their eligibility for government assistance programs. This type of trust allows the person with disabilities to receive income or assets without disqualifying them from benefits such as social assistance or disability support. The trust is structured so that the assets do not belong to the individual with the disability, thus ensuring that they do not count towards the asset limits associated with many government programs.

In contrast, living trusts, testamentary trusts, and revocable trusts serve different purposes. A living trust is created during a person's lifetime and can help with the distribution of assets without going through probate. Testamentary trusts are established through a will and take effect upon a person's death, which means they are not meant to directly address the ongoing needs of individuals with disabilities during their lifetime. Revocable trusts allow the creator to change or terminate the trust at any time, making them more flexible but not specifically tailored to maintain benefits for individuals with disabilities.

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